Newspaper Page Text
8 THE COURTS Estate of Charles M. Barras, of Black Crook Fame. IMPORTANT DECISION BY SURROGATE CALVIN. The Law Governing Transfers of Stock. In the matter of the motion to confirm the report of the relerco anil creditors ol tho lata t liases M. Hurras, VI --U1UCK I. rook IUIIIC, ?[.U Hill kllltu u> ?. .OUT. II j accident. Surrogate C'alviu rendered his decision yesterday. Proceedings ?cre Instituted by Washington Hurras, one ol the next oi kin, lor an ore uuting l?y Ulrittn It, Harris, administrator, and lor the payment Ol petitioner's distributive ibare ol the estate, alleging that eighteen months bad eluj *ed since the granting ot the letters. Too ailm niairator fllcd his account, to which numerous objection* were interposed, and the matter was referred to Vcier V. Burkscll, who made his report, dated April -T, 1876, filed May lit billowing, fho account, among other tilings, churgol the estate with certain travelin g c.\| eases, oxpcuics lor surety on udmintstrator'a bond, for the storage of ihcnirical apparel, lor advertising, toicgraphing and the m ami til a clai.u by the administrator on two obligation* of the deceased 10 the udmiins-raior. A |iort:ou of the assets consisted ol a | ay culled the Black Crook." The administrator resided in Salt Francisco and incurred a great deal of cxp-uso in giving notice to persons in different parts o' lie country of the mlestsio's exclusive nee of tiic ' Black Crook." and warning others against trespassing ou In* rights, on ilie hearing bcloro the rctcrce aud i redliors the administrator detailed the various expenses aud the necesdly for tlieir being incurred, and gave evidence ol the authority to pay himself'two obligations tor el,out), purporting to he signed tiy the lute-ta.o, with interest liout the duic of settleineut. Several witnesses testified that the signature lo ti e obligations was tiiat ol tne intestate, the nit y contradictory evidence lieing that ol two wtu ticsstt who claimed that Uicy heard the iidtiim sirator say that ho lu.d no itote of the ciu.m excepting a letter; hut this was dented by the aluitnistralor. An expert also testified lltal the sigunlure* to certain cheeks, eon cede i lo be s gned oy the deceased, were utlli rent rout the sigtiu ures lo the obligation. The relerou in ins report disallowed a number ol too administrator's t barges and lite claims, on the mound Unit they were not signed by the mte.-tate. To tuts report lite administrator objected upon various g'ounds, the most important ol which were that the referee did not file ha report within sixty days; unit he ussuntod to rule upon the admission ct testimony; that he disallowed necessary expense*', that the findings are contrary to law ulld evidence The exceptions wore considered in detail by lliu Surrogate, who decides that there is no tituo limited ioru report ol urelereo; Hint there is no reason lo doubt thut the relen o was vested witn nutnoriiv to >1- J ..I III,, ,l?,lit ,,| il., luouy ; that n is impracticable lor ill is Court to pass U|on llio question ol necessary charges. Tbe exception lu the disallowance ol ilia clams, ho holds, is m il taken, us i is dilllcult lu understand how the testimony ol ilie expert was competent, llie Surrogate cuticiu :ca asloilovts; ? "I think the report ol tao auditor should In- uiutiidrd. and us to the various items ol expense disallow, u h.f tlio referee. 1 am not siittlcieiuly mlVised tiy the papers I olorc me to pass upon the questions luuro delluitely than 1 have already done, hut if the administrator is ol the opinion that injustice has been done him iu these respects, he may have a new relereuce on these questions, such relerence to bo Siad I his expense." TRANSFERS OF STOCK. in the suit brought by John C. Conner, Jr., against the Netv Jersey and New York P.ailruad Company, . Jiavid P. Patterson and llenry C. Homing, tried hcloro Judge Spcir, at Special I'erm of ilio Superior Court, a decision was given yesterday sustaining the demurrer to (he complaint, hut with leave to amend the same. The action was brought on account ol the ruiusul ot the defendants to transfer to the plaintiff some 4,i00 shares ol the company's slock: the defendant, Patterson, heing the i resident of the company and Doming the Secretary, the cialtu being that it was their duty to make such translcr. Ihe demurrer wu* on iho grounds that there is a delect ol putties, a inisjutudir 61 causes ol ucuou and not sulllcieul Iscls to constitute S cause ot acl'ou. dm.go fcpeir overruled the first two points, lint buds that llielo was liolhltig In ttic com| taint to show that it was the Uuty ol Ibe President and Seeretsrv to make the transfer in qu< stlon; that it contained no uilegs llun thai loev wen' ixjii 11:1 oy any clause couiumeu 111 Hi* ecrllllcatu, or Ihal there was any law ur lesolution I t which any duly was treated imposing u|kju tbcin as ottlceis of 1 Ik- corporation In net as agents ur olhcrwi-e to niakf tin' 11 a-i.sler; tint, ui short, iiuihing is show 11 id IDi- comi'laint Itoi* it-mnsiersul stock were it. b<- umduon tli books, hy trii.it persons ur oCIc am as agent*, and particularly whether tho president nnd secretary wi re authorized or under any irg-il obligation to tii-rturm that duty, anil ilial until dial uppcurs it ennnol l>?- Interred that tlii-y urc nulilo lor the nou-pcrlorinuuco ol duty not imposed by law. SUMMARY OF LAW CASES. aatur.s Bailey, one of die contestants of die will of lite late Alexander T. Stewart, appealed yesterday front Ibe Surrogate's oidtr admitting I>10 will to probate, and lor proul thereof 10 the suprento Court, lie tiled bond lor $100 Toe examination of Captain J. S. Grindle, of tbe chip St. Mark, who ?as arrested or. a charge of cruel and uutisua. punishment, which wits 10 h ive hoen continued yesterday, was adjourned until to-morrow. Suns were begun ye.-lcrdtv in the L'nttcd Stales Dis triri Court nguiust die lolluwlug defendants and their sureties on warehouse bonds:?J. ,v S. Iladell, two cases, jFK.-I07 and fl+S; C. Morlot A: Co., ? 34,000; It. urtcg.i, $300; I'iiiiI Value. $~oo. i?u motion of Colon.- rtcrt, counsel lor the next of km, M.irl.v HhuIoo. who pollutions lor the removal ot John Kerrigan, administrator ui bis wife's estate, on the ground ot incompetency. Surrogate Calvin yesterday ord. red a relerniM to ilcury Wood to report as to the tacts, it iliiam Weidoti. a liquor dealer doing business at Xn. Its W iter stieet, was arreslid yesterday by a deputy I n.ted states marshal on complaint of Colle< tor 111 ike, ot the Thirty-second district, who charges him with soiling hquor at wholesale and retail without paying the spin tal las required liy law. Wei. don was t:>k< n beioro Commisaiutibr Shields and adailtled to bud to await examination Isaac Leopold got judguieni by delault against Fround I Aikcis (or u meal mil. A motion was made yesterday by Colonel licorge II. Hart to onen the delimit on he ground thai an implied warranty followed a sale of wical. t'n the olht r hand, it was eUiund that tint doctrine of < aveal emptor rlioald apply. Judgo Dunouue granted the mourn. Harrison ami Stownrt, the so-called boarding bouse rai ers. were yesterday brought lefore Judge I'onoliuo In Supreme ('run, Chambers, <>n a urn o( habeas Corpus surd nut by Mr W I mm K. lloue. Ibeir couttBel. Tbotr discharge wa- vigorously urged on llio ground that there wat not sulheienl evidence to hold them. Judge llonotiue thought otherwise, dismissed the writ and remanded the prisoners. Hryan Ouan-nghain. indicted Je.no 10 by the OneralSessions t;r ind Jury'or . leloniou* assault, wan brought beiore Judge i> nohno j <terday un habeas corpus. Him coun?el cbullied the prisoner's discharge on the ground (bat lie bad been in prison two months without tr.al. In opposition 11 w > contended that tbo niotion should be ina.ir in the lien rai >es ions Court. Judgo Douohue so held, and remanded tbe prisoner. DECISIONS. errbpirn coubt? chambers. By Judge I.aw retire. Wallace tc Pons v- t isile ? ibc Clerk appears to have hi en right in Mr k.ng tbe sums of $l(*i, IJ Irom tbe amounts charged lor cmta be lore uoi re ol trial, sn I lor I be set vice ol ml llior. d defendants. I lie Slutiiio ill ows in these tbscs 116 to the plain itr, and lint jhelore notice ol trial, and I cannot aortain from the p ip? rs lb.it there ?. ny pmo that the third dclrndant bad i ceil served. lie | humid was, in my opinion, entiticd to the statutory at v..,t ? uudrr sue* lion ;Vy? ol Hie Code. ,\s it nor. i m appear bow mauy mm ions have been in.o'.e or alb lavit* or acknowledgment* liken I shall su? a n the i .erg's rulings in retperl to I hese it< in the di?bur-*inent? lor priuliug CSSi's and po in nhnul I have hec - . . i m ,tr the truer ol toe lb ner.tl Term. Hie CI. rk will also be -usmined in llie lavmlioii ol the amount allowed lor copying papers, lor fir ua on that m>tn ng appetrs in toe lapvrs to abow that be . rrrd n It a?li -tin at as lo ili.it item. With rclorouiv to the disallow i re of the tcni charged lor chord's fees u appears tbil the Clerk was lorrect .0 lis action, lot be. cause ii was premature to i.ti lie item. bcenm there had been art apptal llom tbe or or to tbo ( ouri e! Appe lit; hut bee u-c. under -rclmn J11 o: the rode, the pheritl's eoinp i *alion el.on .i . uve l.. eu I xcd hy the Officer issuing the ..ii-nbiietit ami a. ?t> beeaus* lln re WnS liolhing beiore ibc (Ilk b> show ol w hat ilerns I be hill w <s composed. I here slbiuid he a roa-iuMnii lit ol the cost- and debars incuts in areor lance wiili the news above es| resscd. lly Judge Donoltne. Cogsoi dated Krtlil Jnr Coniprnjr vs. Mansfield.? Ilolion drub d. In llie mailer o' Schnltiio. ? Writ dismissed; ehn.l returned to mother; inll.er mu-l have lihc-rtt to nee it. i'sm. Ac.. v Tup ar -or tiled. In the matter ol sophle M-eu.? Child to remain w|th godfather lor the present, with have lo the relator lo apply on itirther I i ts. rellkamp vs. t {?otic hi id.? Order granted. Astrncimuii vs. II irtow. An. ? Mot >m lor stay grained. I/Ow.s vs. Itors. ? Memorandum BLPMlIOK COttBT 8PKCJAL Tltr.lt. I!y Judge Speir. Connor, Jr., vs. ibe .New Jersey and New York Railroad Company.?Judgment lor tlio deb itrlaius, I'emmlng A Patterson, on ihu demurrer, with iirtial leave to answer, .too memorandum. McDonald vs. Abcnroth. ?Counsel art requested to i& NEW YORK j submit brief and arbitrations by tbe 28lh of August list. Harris vs. Harden.? Charge settled. Hlrscb v?. Head ut al?Ueiereuce ordered. Merchant vs. Fox; WagatMil vs. Bnitth; Mattnacht vs. f>t*iiirnelz; iiurchcll Coiutie* ct aL ; tdrupuian vs. II u ller el nl.; Windonaller va. Wiley ct aL , bur| cball vs. Combes.?Orders grained. COMMON 1MJCA8?fcPKCUL TEEM. By Judge Vun Brunt Fry vs. Karl ini other*; fry vs. Morpby and ' others.? Orders of reference to cuiupuie. In the matter ol James Moure, in.. Infants.?Order cunlirming reteroo's report See memorandum. Leopold vs. Krcund and another.?Motion granted on conditions Sea memorandum. POLICE COUltT NOTES. An examination wus bud bv Justice Morgan yesterday In the case of Thomas Var;ey and Thomas Nolan, ol ihc Clinton House, No. 305 Bowery, charged with drugging and robbing Celcstino l'euzh r, it brewer, of tH> mouth, Oh o, of and chocka lor S'J.OtXX The : prisoners wero houoraoly discharged, tho-evldeueo i against them being wholly iiisuilioiont AL I hi* ion I'nliro Iun.-t r.l.. v ' Michael Holland, a butcher, oi No. 443 Wont llurtycublb street, W is held lor slabbing severely wounding Lawrence Ward, oi No. 626 West Twenty* nielli street. Harris Levy, a doulcr in second Itnnil clothing at No. j 132 Greenwich Mret, was lined $26 by Justice Murray ' j in the Tomba 1'olico Court yesterday ior piirehus.ng a 1 coat valued at *.lu winch bud been stolen trum Lobe I j W alums, who keens a store n'-xt door, and lulling to make a ineiiiorauiliini of it ns the law requires Joliu Mb en was held lor tr ul, hi del.iull ol # I.ISK) bail, I by .liisilee Murray, lor burglariou- Iy entering the olllco ol Clarence W. Noble, at No. 104 Broadway, and carry.ug oil property valued at j45. Joseph Williams was nl > I eld for trial on a charge | ol sicanng a piecu of clctb valued at #110 from Moses i-cliwarubauni, st No. |g4 tireeuwicb street. Otllcer Alicarii.oitboMixthprcc.net, iouud the goods lit his possession. COD It T CALEN'DAB?THIS DAY. StrritxuK Court?Cbanukrs?Hold bv Judge Bono- ' hue ? No.?. 31, 44. 4fi, SI, 67, til, 07. ( 8. t'l, 04, 109, , , 121, 140, 14b, ISO, ISO, 133, 1-0 (two ca.-esl. 1-3. j j UNITED STATES SUPREME COURT j DECISION. SALE AND PCKCHA8*?THERE CANNOT BE ONE 1 WITHOUT THE OTHER? WHERE ONE IS HOOWN j BOTH ARE ESTABLISHED. Washington, D. C., August 21, 1870. j . No. 209. Bonjamin F. Butler, plainlilf in error, vs. ! Alexander A. Tbomsou and William Thomson?In error to the Circuit Court tor the Moathern Bis'riet of New j York. ? I'llo plnintlll alleged that, on tlio llih day of July, 1807, he bargained and sold to Iho delendants a quantity of iron, thereafter to arrive, at prices named, and that ihc delcuilauts agreed to accept the same arid pay the purchase money therefor; that the Iron arrived | in due tune, was tendered to tlio delend- ! urns, who refused to receive and pay for j the satuc, and that tlio pluiutilT afterward sold j the same ut a loss ol J6.6S1, which sum ho requires i the delclulonts to make goon io him. '1 ho dldcudants ; Interposed a goucral denial. I'pou tl.o trial the caso j catuu down io this:?The pla ntlll employed certain ; brokers In the oily of New York io inako sale for him | of the expected iron. Tlio brokers tnado sale of the ; same to the dciendatits at twelve and Hirco-quartera I iter riminri in "i.lH niwli The following memorandum or salo was inado by the brokers, viz. Nkw York. JulvlO, 1IW. Sold for Messrs. lintlcr A Co., Boston, to Messrs. A. A. Thomson i Co., Now Y'ork. 7l).'> pa-tics lirst (iiulltv Knssia sli oI iron, lo arrive at No* Y'ork, Ht I wolve ami threequarters rente per pound, gold, cash, actual tare. Iron due about September 1, 1^*17. WIIITK A II A/./.AUD, llrokers. Tho dcleiidants contend that tinder the statute or frauds ot the Stute ol New Y'ork tuts contract la not obligatory upon them. Tho Judge before whom the case was tried at the circuit concurred in this view, and ordered Judgment lor tlie deiehdvuts. It is from this judgment that the present review is taken. The provision ol Hie stance ot Now Y'ork. upon which tho question arises ('?!, It. S., Ihfi, sec, d), is in these words:?"Kverv con tract lor tho sale of auy poods, chattels or things in action, lor tl.o price ol $50 or more, shall he void, unless (11 a notour iiietnoraii| duin oi such contract bo inado in writi inz nud he subscribed by tho parties to be | charged thereby, or ( -') unless the huyer shall accept nud receive part ol such goods, or tho i evidences, or some ol them, ol such tilings In action; i or (li! unless tlie buyer .-ball at the tune pay some ! part of the purchase money." The eighth section of ] tins same title provides that "every instrument rc| quired by any ol the provisions ol this lit lo, to no sub| scribed by au\ party, may be subscribed by the iawlul i agent of such party." There is no pretence tnnt any I ol ttie goods were aeceplcd and received, or that any I pan ol the purchase money was paid. Tho question j arises upon the tlrst brunch of iho statute?that I n memorandum ol the contra t shall be made In writ1 Inc. and be subscribed by the parties to be charged thereby. The delendauts do not contend that Hutu ! is nut n snlllclcut subscription to the contract. I Wliilo Jc Ilu//..ml. ferho signed the instrument, are { proved in have been Ihe authorized agents ol the plaini till to sell ami ol the defendants In buy, ami their sl?i nature, li is conceded, is the signature both ol the defendant* and ol ihe plaintlfl. i he objcctiou Is In 1 the fcUlllclency ol the contract nself. The written ! memorandum renins that llutlcr k Co. had sold the ; iron to the defendants at it price named, but it is said i there is no recital that the defcndanis had bought ihe , iron. There is a contract of sale, it is argued, but not a contract rf pur. luiso. As we un1 dorsiund the argument, it Is an attack upnn I the contract, not only that it is not in ; compliance with lho statute of fraud, but thai ! it is void upon common law principles. | The evidence required by the statute to nvoid Iraud I and perjuries, to wit, a written agreement. Is present It is held that i here cannot be a sale w ithout a purchase, uor a solicr unless there is likewise a purchaser. A sale is a meeting ol two mtnda by which a title passes front one and vests in another. A man cannol sell a chattel and still continue to ho the owner ol It When, therefore, tho parlies mutually declare ( in writing that Butler \ Co. have sold a certain amount ol iron to Thorns at A Co a- a price named, there is Included therein a c< rlillrale and declaration thai Thomson A Co. have laiught ihe Iron at that price. Bevirsid. Mr. Justice Uuut delivered the opinion. ! TIIE FIFTY-SIXTH STREET RIOT. John Cody, who with his two sons wore arreted rs i participants In the West Fifty-sixth street riots, was admitted to hail in $.1,000 yesterday by Judge Kasmlro at ti e Fifty-seventh Street Court. An additional nlBI davit against tlio accused was made by Hugh Fit/: patrlck, one ol those who had hern shot by i'atrick j Cod.v and slighilv wounded in the head. Ball was flxed ! | lor J uno- fotiy at i'J.Wi". hut he was unable to turit'Sli ,1 I' ilrir!' I. '.a . n n. m . I ?,1 t ..a I a in I ..,!., General Session* w.tSmut the alternative of giving ball j Ito any . mom l. An examination ?a? accorded yostcrnay to ibu father and James, but not being ready to go { on the papers in their eases will be sent at nine to itio I>istrlct Attorney. 1'ntnrU Cotly says great injustice liaa ticen done bim by the statement that he h is been in State l'ri>on. He says ho lias never been there. Recruiting for gambuinus. John ilottih, aged eleven years, whoso parents ro- | Bide at No. 413 West K fly-third street, was arraigned \ at it.e Kiliy-scvonth Street Court jresterrtnjr on acbargo i j ol intoxication. Ho said that l'etcr Hoth, it brewer, j ol Kaat Kllty-cigbtU street, forced blm to drink four i glasses of lager, which made film drunk, Iloth was i sent for by ilie Court, and admitted Having given the | , bov the i.igor, but denied having forced turn to drink i | 1L A charge of disorderly conduct was tnkeu against I him, and i.e was held in bonds to bo ol pood behavior . for six mouths, in additiou to being fined $10. The boy I was discharged. tenement house affray. About midnight on Sunday last Michael Gnilfoyle and John Mars nil, of No. 11 Stuio street, Brooklyn, went to settle a grievance ol Uudfoylo's against one j John Sullivan On entering the hal way tliov met i Mrs. Sullivan and struck her. 11 r screams brought John, her husband, to the retcu \ lie proceeded to . be abor Marshall, who got a terribly battered scalp and j was so disfigured as to bo unrecognizable. Guiilovlo I whs kbocscd sense.<ss with a e.ow on the head, dealt liitn w.lti i s.?nc by n woman. Patrolman Sic adman, of l i.e 1 irst ;recitn t, nrrivirg on th ground the li.lit ceased ni: 1 tlic w ooded men were removed j l > the i oilvgi- Hosplial. Hegry street, in an nmbulince. Jleieclive Mahom y, (i the I'nird precinct, then acres ed Sullivnn, who had s, mi' bad wounds on the bead and c (in ib vie sine ii the lio pit Ml that Mrs. Stii.lv n struck I 'ii <>u llio head Willi a barrel stave. Mr Kllen M."*h.il. w i<? >1 M rs'iaii said II.at Mrs. Bridget MeViltjr threw the i tone, whereupon vir<. .McNituy was t.ik. n into n.itioiy. Mi.* pr. tented .1 pltlnhuFWhl pnij holly l??*;iten Bail wa? jrraterdpjr retuhp(I by Jum u lieliuar lor tnc prisoners, w ho were row mill I 'iu lo; I. '* ,i|il if Irarlured at the t>eie, nn'l it if < ed 11 it <<iitu* iirtei i has boon rup- , nrcil. trom wnlrh a Mo 1 mil if orming on the brail). I Ft ft evening his condition was very critical. MAYHKM. j Roundsman R irn . of th Ton h prerinrt, Brooklyn, arretted Cltar'e.* o.ir .1. of No ?o."? Washington ave 1 tie, on coiiip "int "I W .111.1 n Kelly, brother-id law of tho prisoner, whom he charges w.tli hsvinp bitten olT I thu tip oi tin ear ounngn ijtiarrel uiwt 011 tlieni. C'nar-i F ia held t"r examination te.urn Justice St tnior on charge 01 mayhem. UUKGLAUY FlllSTHATKD. The rlient'etl woik* ol Charles C u r k Co, In j ClIITo 1 el-col, N ? irk. aero entered a .<-w nghla ago ; hy burglars. While n.irrliinr .nr plunder the burgj lars dropped ? lighted malrli nt ong some hat to'.ton I 111 (MM ! pp pardon. All exptoaton look P MM ?rb:i b ehoi il l- ricr- Irmn the piata and did |d.UOO j worth ol damage. No arret!*. j HERALD, TUESDAY, AT THE RESCUED FENIANS. HOW THEY WEBB TREATED YKSTEBDAT?THE CATALPA. Crowds of v siior* swarmol around O'Douoran fossa's Hotel yesterday, anxious to got a view ot tho escaped Fenians, but wituout success. The meu rose early and took their several ways to visit their friends. Before they left ttioy held a meeting, at which no one but themselves was present, and the nature of the business transacted they did not wish to make public. The baric Culalpo. which is still lying off the Battery, is the subject o much curiosity, und boatloads were carried to and from her during the day. The story of the rescue was toid mid retold, and the whslebout in which the prisoners made tiieir escape was critically examined. Trilling souvenirs were eogorly sought alter, iiud every little article in any way associated with the enterprise was hold in high appreciation. The Catalpa will sail this morning lor New lludlord. THE FERRY FRAUDS. TRIAL OF THE ACCUSED TICKET COLLECTOR OF THE PESBKOSBF8 STREET FKRKY. The ca.--o of Morgan Backer, a ferry muster at the Dcsbrossos streot ferry, who Is charged with forming a consplrucy with several others to defraud tho Pennsylvania Railroad Company out ol a largo amount of money uy Hie rum1 01 iiCKris reu.-ivuu iruiu i'hsmiigcrs ai tho lorry, wan called up beloro Justice .Murray, in ttio Tombs 1'olico Court, yesterday tor examination. It will las remembered ibui two others who were connected with Decker in iho conspiracy wore committed for trial in delimit of boavy bail a few days ago. Mr. \VI 11am M. riattuer, who mattes the complaint and was also concerned in tlio conspiracy, was called to tho stand. He slated, in answ er to ttio questions ol counsel, that he was u resident of and a constable In Newark, N. J.; ho was apnointed to tlio latter position on tho 14i!i ot January tu ttio present year, having been discharged Irom the employment o: the Pennsylvania Kuiiroad oil tho Jdili ul .September, R>7o. Ho served as ticket oolleetor :or tho company at Jorsoy City. Irom tho 1st ol April until iho 1st ot r'eplember. and si lies ureases street, N'ow York, Irom tbo lutior date until tiieSbtii ol December. t>n tlio 1st day ol October, 1.S7S. bo was at Dosbrusses street collecting unuer Morgan Docker, wbo was lerry master. On ihat dale tic kept iWJ passenger ferry tickels winch should have been deposited in a locked box provided by tlie couii auy tor thai purpose and carried them to Decker, who resold them and afterward divided tho proceeds with lutn. lio darned ili.il they had made anv previous arrangement or Ihui either party spoke a word when ho delivered ihe " tickets. They ailerward met on ono ol I the ferryboats going to Jersey City, when Decker-at iluwii Inside him and slipped ins share ot tlio proceeds iuio Ids baud under one ol the iron arm rosts in tho rear gentlemen's cabin. He denied anv expectation of a reward Dom tho 1'eunsylvania ltailroud Company, or any person connected therewith, for nmkiug the com- j phiint ugaiusl Hie others. Counsel tor iho delonco asked him it tio did not siato to Judge Pnwliii, ol Newark, on tho lilh lURl., tho <tay before he iiiudo tbo cum- j plaint, en board tho steamboat Novelty, tli it ho bad a dirty job to ilo next day anil that ho would receive $.'.>bij ior doing It Irotn the Pennsylvania Railroad company. He answered ih.a ho did uol remember saving 1 u, hut would not deny that he did sav it, hut ho would sweur that ho ntil nut expect a good sitiiatluu I rum tho compauy lor his action. Do staled on lurthor questioning that he was living hi present ul the feu Nicholas Hotel, be went there ul iho instigation of Mr. A. W. Owynuor, auditor of passenger rocoipts lor tho company; lie never paid any hills there, but supposed they were paid by tho Pennsylvania Railroad Company. A question ul counsel for the Uclctico .as iu uiinl bis nuitivo was lor making tho complaint whs objected ki by opposing counsel. After s. mo further unimportant testimony the ease was adlouruod until tills mornitig/ui eleven o'clock. POST OFFICE llOBBERY. Albert Meisol, late In chargo of tho money order department ol the Brooklyn l'ost OtBeo, whose arrest for embezzlement was reported yesterday, was arraigned bolore United States Commissioner Wtlslow, and pleaded guilty to the charge. He was held to bail in the sum of $5,0u0, ttio two sureties being required to justify in the sum of $10,00) each. Assistant District Attorney Hull, who appeared fur tho prosecution, said that tho punishment tor tho oflunco is not less than onu year nor more than ten years imprisonment. Ttio robbery was discovered on last Thursday, when a citizen called on Postmaster Ta hot und snowed him a receipt for $bu which he tud sent in June lust to u friend lu OertouDV, L>ut I ho money had luili'U to reach IIh destination. Au examination of ihr books of Mosul clccitcd tho lact that thuru wits no entry made ot tho money. Motel went ott Ins vacation July 2b, and his absence beyond tho tttne allotted lor Iiih return increased tho anxiety of the Post mas tor In the caso Closer examination showed that live Herman and two British money orders had been drawn by part cs mid tbe money had been kept by iho prisoner. On last Friday Mosul was secu by the l'ostinaslcr on Myrtlo avenue, but. ihouub followed, ho managed 10 pet away, on Sunday ho was surrendered to Mr. Talbot by his lather. " 11 is bondsman, Mr. l'hlllp K. l.eulinrt, o| No. 32 Walton street, pave n check lo tho J'oslmaster lor the amount taken, which does not exceed in the aggregate $2011. The prisoner, who hud been iwo years in iho money order otllue, expressed preat penitence aud hepped to ho forgiven, sayInp it wus his imcntion to return Hie money, whicu ho look Id small sums, nut it accumulated m> rapidly thai he loiiun himsell unable to conceal the crime, and dreaded i be exposure w inch has now overtaken him. He is twenty-lour years of ape and has a wile and two children. THE GARBAGE WAR. Jttdpo Barnard. In tho Supreme Court, yesterday, prantcd an extension of twenty d.avs, on motion of Counsel for tho Brooklyn Board ot l'ollce Commissioners and .Superintendent Campbell, against whom action is brought by tho Mayor of the city of New York to restrain them Irom Interfering with New the York Street Cleaning Bureau in the matter of dumping garbage III the l.ower Bay. The motion was based on the tact that Counsel tor l'oltcc liouil had been so constantly busy that he had not had time to prepare the necessary papers. KTTt A Witf YTRrnVS Officer Grady, of tlio steamboat squad, yesterday found a man wandering along West street, declaring that tho air was lull ol angels and manifesting other symptoms nt hysterical mania. The officer took him to Headquarters, where he gave th? name of Thomas lleacb, but Irom papers on bis person his real namo is believed to be Thomas Higgins. II" was formerly an engineer In the service ol tlio Peruvian government, r.nd bniOtiM in Marysvtlle. Cal. It was also learned that lie li nl been an inmate ol the Tinted States Asylum in Washington. lie stated ih it tie rnmo lo New York to llnd n triend named George Wilkes, who resided in Mlneola, I,. I. The unforiunale in an was ilelained at tho central Office until his Irlends could bo In urd irom. A FORGER ARRESTED IN ERIE. Last Thursday a delectivu who was watching for tram wreckers on the I.ako Shore Railroad, in Krlo, Pa., hoard two men talking In un undertone near the depot. Their conversation was so suspicions that ho arrested them. lusted 01 being trtin wrerki r?, one ol them proved to be Implicated in tho Ilcmphlll forgery rise, which occurred iu Pin lad. lpliia somo tlmo ago. Letters were found on his person of a startling nature, and he soon ronicssod that he was Hemphill himself. A telegram inn sent lo Pnikcrtoti, and bo sat I. "Hold the young titan ' The arrest cuus, il much ui-ifsH among itie prisoner's fri ids in Philadelphia. l!o is well rotinerted, and was reared n wealth and luxury. He lost hts nu> ry at stock gambling, and then lorged Ills lather's i aine and wai obliged to fine to Tan.ida. A reward of Jl.iHKi w is oll'ered lor Ins vapture, and the officer will got tho mon y. THE HEMPSTEAD RRdERVOIR JOB AGAIN. Yesterday tlio Hempstead Reservoir litigation came tip again In the Supremo Court, Kings county, belore ,Judgc H iruard, <.u an application or the Corporation Counsel of lJrookljn to add the motion for an order to show cause why a ni itidamiu should not ho issued agalust the Hoard of City Works compelling litem to finish the reservoir. It had been dented by counsel ler tho Commissioners ol City Works that thero was .ag'xi.ouo In Hie water revenue fund applitahle for reaervotr purposes. This wa-, Corporation Counsel said, absolut. ly false. He -imply wished to introduce tDo simple lact that there was such an amount in said f nid applicable. J.i,., Harttard gave the deal red per nil'MOll HI III .IV'- IIIV .IU'. i un ri jnrsii'ii. i .un ci lor Commissioner* s*id ho *m willing iliii Corporation Counsel should deny wli.it he hxu alloyed In regard to the ? iter revenue lund, hat lie snnl the mimcy wan not there. A BKOOKLYN1TB MISSING. Th? pnlieo of Ilrnoklyn have boon notified that Mr. Chirlea NafTey, o, No. ftftft Third nvenue. lins been iniia tig trom his homo snire llitir-dsy, the 17th iust., and tear* ore entertained lor his s fely. The tni-sing man is torty nino years of age. live ho; five inches in h?-l2ht: ha< dark complexion an.I iilm k side whiskers When la?t s en he wore a dark coat, li.lit pants and Mark fell lint. The little Anger ut his U-u hand Is go no. A CUTTHROAT COMMITTER Yesterday Caste Von Gosorwtnklewho rut tho throat of John Topp, a llicksvilic (I. I.) firmer, on July 24. was yesterday arraigned :or examination by Justice Walsh, and held tor the Grand .liny. Von Goeerwlukle, \?h<> i- torty years of age, pleaded not guilty, lie was oent to J-iik 7GTTST 22, 1876.--WITH St lilTLE MAGGIE 81IE The Coroner's Inquest Commenced as to the Murder. HUNTING TOR THE ASSASSIN. The Chain of Circumstances Closing Around Catharine Hoffman. Coroner Hicks yesterday coramcrKcd llio Inquest In j tlie cist! of little Maggie liauor, so toully murderod Just ] a week ago at Foster's Meadow, i* I. District Attorney j Downing was present, and questioned the witnesses, i several of whom spoko and understood English so trn; perlecliy a? to render it necessary to have nn inter I preter. Some thirteen witnesses were examined, j whose testimony, it will ho seen, although no? directly ! . criminating the woman Kale Hot)man, tends strongly I i to confirm tlio Impression of her guilt. Mrs. IJauer, tlio mother o! the murdered girl, was ] the llrst witness called. Her daughter's natno was I Eva Margarctts Itauer, and slio was eight years and uinc tnonllis old; on the morning of tlie murder Cath- j ur.no ilo(lmau cauio to the house about ten o'clock and i i soul word by Sirs. Unlla that she wanted to sco her ' sou on the road, but the hoy had gone to the city with Mr. Uaucr; witness ufterward biw Catharine on tlio j road and her husband with licr; Catharine said slio had 1 couic to see her hiloband and h >y and was going to liuckiiway; witness asked hor to como to tlio house and she did so; Maggie and the two other children : were playing behind (he house; Catharine's husband ' came in tor some change, which lio gave to her; | : Maggie soon nitcrward came in and said Catharine 1 wauled her to show the way to Valley Stream; this 1 . was about one o'clock: thought Catharine knew the ; w.iy as woil as Maggie, but allowed Maggie to go, as she said tlio was not ulraid; Cntbarino l ad on a 'Tedlngote" ov rshiri; Maggio was barefoot and had on a striped calico dress and bonnet; when she saw the body lho next morning iho chillies appeared to bj "mu.--ed,'' hut could not tell whether they were torn; n belt nhbou was tied .around tlio neck; a year or two previously she and Catharine had sotno words ol an unpleasant > lin acter together; Calbarilio had been there subsequently, but witness tmil nut nan Iter- I'mlinritin on.I I,or hiwlionil I... I no quarrel that witness know ol; ttioy had tn do live or six efforts to keep homo, hut had not succeeded; witness thought that Catharine knew the wuy through tho woods :.s well a< her daughter; Maggie was tail of her age, hut very siiui; witness was on good tonus wttb her neigh hi rs, so tar us she knew; two brothers named lib odes lived near by. one ot whom had b'-cu iu Siato | Prison. Witness described tho direction of the roads, i unit said that Calharino and Maggie must have gone i past the Rhodes' house; tho body must have hecu carI ried to the spot whore it was found. Witness described lite meuMires taken to discover Maggie alter slio was missed, her nccouut being corroborative of the published accounts. Mr. liumtnel's lamily and the j liauers were intimate, and Maggie would not have hecu afraid of bim hud she seen 1 laint, as rotated by Cuiliur'uo. Witness kucw very ; Iiiilo atiout the in in Collins who had been arrested. Witness described the appearance ol Hie body and tlio nature ol the injuries. t'lie right arm .ooked as though it had buoii violently grasped, and it seemed dislocated at the shoulder; kale ltoliman came to tlio i house i lie next morning olid in ado is^reat lament over thuhody; pulled one of tlio stockings oil'and kissed the tool, saying, "My Cud, nay Cod! It is mu ttial caused your death I" and making oilier outcries, so that at lust the officers wore requested to ask her to \ desist, as it caused witness ami her husband to feel , ! badly. Witness .-aid that on the same day, when sbo ; I todii<I tbal Kate tiad not been to ltockaway, slio told < ! her (Kale) thai she hud lied to her. Witless was con| sldcraOly atlecicd during tlio delivery ot ner evidence. Leonard Huilniuu, Kale's husband, tesutled that bo ; was married to Kate at Jamaica in 1M52; her uaiuo was CulUtnne 1-ramus; ihey did not live happily together, though tney had mauo several cilorts to do so; he had said that II sht- would do better bo would livo with her again; tins was ill May lust, and they pro- i posed to go to lioui-okccpiug; he gave his wilo ; some money, and she and another lri-h woman i ' gol drunk, so bo reiu-ml to go to housekeeping ' ' with nor, or to livo with her; w nnoss saw no more of i Iter unliI Monday lust, when they bad a briel converse- j lion; she said she wanted to (to to far Kockuwuy, and i as let'I lor ntoiioy, wlilcdi lie gave tier; she asked bim ' to aliow ber the way, but be said bo could not, and suggested tilat Maggie could go; Kate was a drunkard, ami tic could not livo Willi beroutb.it account; she alsoli.nl a Ian I temper, and unco threatened bun with mi a.\o; witness said there was "no tiulli in her," and When she's pood she's vcr> goo i, and when she's b.ul she's very bad;" on Wednesday ins wife culled : bun inio the room where the bedv was; said Muggio , j bad been killed, and began to cry; on the night Mag.ie : was missed witness was out until midnight bunting for j I ber; bo was *ure bis wile knew ibo w.<y through tno woods; sho lell ibo Hauera' house a little before ono o'clock, and she and Maggie walked slowly; sue sonicj limes treated her own children very rougli>y, swinging | mem around by the hair; sho was ul a spiteful nature, ; ind was arrested onc.0 lor u-otig oad language. Char es llununel, wins saw Kate pass the well whoro ho was on Monday alteruoon, testitled that he was tntimate with the liaucr lainny; ho saw Kate, but not Mag gie, near two o'clock; Kale was up by the well I when he tirst saw her; ho did not know in what direction she came, and it was not true, as Kale said, that bo saw ber and Maggio together; Kate asked tho nearest way to the Valley Si renin depot; sho did not ask tor a drink; she .ooked rod In the lace, warm aud sweaty; she ninst have cotuu from ibo baiters' way; it would not taso more ihan ten minutes i to walk to flatter's bouse. j Augcl.no Van Wick en, another resident at the | I PoorhoUkC, t si.lied thai she had known Kate II oilman ' i four or live years; she saw her on .Monday evening : I about seven o'clock; she Icfi on ihc I hursday previous; { at tunes Kate cxnibitcd bad tempor, and witness thought that in licr tils of bad temper "she would as : soon kill anybody as look at themat one limn she I threw a meat ( hopper at w itness, ?nd it stuck iu the I door; she had a number or tunes undertaken to clear j the house; on the Monday evening Kuio smd Wulie | had given ber $.1; she wont 10 ilauer's, but I did not see ber husband or son, as they were uown in i I the meadows; Maggie liauer came tnrotigh the woods , with her. nmt she gave ber ten cents and kissed her ' good by at Hum mod'a barn; witness bnl beard Kale J tu.k of the tlaiiers, and she ''Wished the curse of God I mlvhl l ib on ibem and met might never have a day's luck in the world;" hud heard ber use similar IanI gunge rep' ntcdly ; she was very violent at times; when j she returned 10 the I'onrbouse on the Monday evening ! she complained of being tired and footsore and carried I her shot n it. ber blind. Sarah .1. Archer, another inmate of tho l'oort.ouse, testified thai Kate, on Mcndn) night, appeared strange? tnore (pi;el man usual, and inking shut! very Ireqiicmh ; she sa.d she bad got some money from tier soli, Will e; Kate came i ome barelooted, carrying ber ! shoes; when wiiin s- went mm ilie room wrmrc ikate w.ik the latter rushed out suddenly, but relumed soon uf.erw ir I. I.I7H0 Nolan, who was an imate of the l'oorhouse a week :<i{< . lit tlf ?J that she know June Hortinnn and hail lioaril her give Mrs. bailer her curao and bod's curso on her r nil her whole family; hail In-.iril It repoatedly; the reason jtiveu w*s that her husband worUeti there at $10 a month, ami it was toe t heap; Kato hail frequent his of violent temper uml hail once struck witness mrec times ; hail sot-u her siriku other people. \\ alio K. Rider, Overseer ol the Poor of the town of Hempstead, to-1Hied as to Ins knowledge of 1Cate ilolVj ni in. * He understood that her temper was very \ o| lent; at one tune lie was forced to send her to the | County Jail; -he is violent, both drunk and sober, uml i very much disturbed the peace ol the house. Mrs. Margrctta Cu-lt eanl that her little son was I out minding the cows that afternoon, hut her j daughter was at home. The witness related that, in I iho evening alter live o'clock, looking alter her cow, she saw something peculiar in the tornlleld, where tl.o murier s sttpposod to liave been committed?something white, wli ih suddenly disappeared. (The -nine appearance is understood to havo been ohsorved bjr Mrs. Hummel.] The inquest was hero adjourned until eight o'clock this morn'tig?the jurors being utiiticncd to hold no communication with any one incaiimo in reunion to the ease. Some of the testimony to he introduced to morrow, It is cxpeelod, will prove Interesting and important. A Mrs, l ice, it is understood, who saw Kuio lluilmin nnrn Mie arrived .11 \iincy >iri-urn on iit r re mill iroin KiMter's Meadow, savs lti.it she acted in a peculiar ! manner, lioqueotiy looking behind Iter n* though icurlul nl being pur-tied, ami tncro w.ll tic limber Irslim ny aii In the declaration made by Kate hersell. A close c.\ milnntina ul the clothing worn l>v her 011 Iho nny ol tho murder lina resulted 111 the discovery of two kinds 01 nair?one doubtless Iter own, but the other resembling that ol littie Maggie, light and curly Tney will be placed under a microscope lor exam.nation. Tho theory ol rape Is still entertained by gome persons, am nig tbotn Coroner Hicks, who thinks that iho position ol the body wlico found and Iho Coudttton of the earth at ttie lect warrants it. REALLY GOOD TEMPLAU& Al tho !hhi pension of the Good Templars ol New York county the tallowing resolution was unanimously adopted;? Wber ** we, Co-*d Tsmplars and cltlsevis of tho city and county ct N? w York, in c nnty i??<l|r* a*?? n?bled, knowing tit At i nc ilmkiDrf fountain mutated *t tliejuucm n of 8txtu avenuo, Wroa : \ ,ty and .'I <1 *tr el It .s been i.selesa during all the r.riK ma summer m 11?h uj ncKhct o; tho CommlftMoufirt ? . I'nb'lc Car** to itti ttiMine in ordor. theiehy ihprivini tlion4 ?nds daily o! it* u^o ami n ndennp t ??o lnt?*h!Mi'nt of no inmon com! to our c>t\ . therefore be it lien Hved, That ilit* Hoard of AlilcrmeB be :i?k?d to pa** an i*f'lii.inc? request ma the Commissioners ot I'aiks to put tho urn iu order without del ?. rPPLEMENT. ACCIDENT TO THE STEAMED AltDOWSMITIL A PIERCE WIND AND HEAVY SEA CADRES THE BREAKING or HKH B1IAET?SIX HUNDRED PASSENGERS ADRIFT IN THE BOCND. Nukwalk, Conn., August 21, 1878. On Saturday Insi, at a quaner (o three 1'. M., the steamer Arrowbrnilh, Captain Auucrson, loll pier 37 East Itiver, New York, I'or tins place Nbo bad on board about 000 passengers. Alter passing Kurt Schuyler and ontering t lie No unit the steamer encountered ugly chop seas, caused by u tierce wiml blowing Iroin the eastward down the Sound and a strong bead tide. The steamer, wbcu within live mites ol the harbor ol Greenwich, met with uu accideul; the starboard section ol her shall broke in two ut a po.nl about tour Icet lruna the puddle wheel, tear tig the woodwork fcarluily and aeudiug splinters ilymir in cwry direction. The steamer C. 11. Norlhaui, lor New lluven, was in sight under the hung Island snore, the Arrowsmilh's Klewii whistle was sounded long and loud in ihe hope oi attracting her aiicntlou, hut, being eight niihsuway : iiMi it u<-.n) ? mu i?i< ? 111 n, i li <? r* m j i >h uj uiaii' bo ? iw , < uui heard. Helplessly drilling with the trough ul mu I sea the Arrowsmiin rolled like a drilling lug of wood, to the discomlorl of passengers, many el whom ; were ladies. '1 ho steamer Lauiu, Irom Now VorU lur ; Bridgeport, licurd tho signals sounded und, taking 111 I Lit; situation, Imsieued lo llie sieno ol distress, I A I the was in a '10 las; to tbo disabled Steamer, and j ilia Laura, Honing rovers! miles out ol the regular d illy course, lowed the steamer into smooth water. I Th propeller towtioat Alert, ircin .Si.milord, was at i hand, and relieving liio Laura, conveyed tlto Arrow- j smith lo lite wnari at Greenwich, where the |u*?eu vers took trains liv the NewHiveu Railroad for tneir j destinations. I'hey were delayed on the steamer about i three hours, despite ttio etlurts oi Captain Andetsou j und Ins uieu, who did ail in their power lu hasten their reaching land. COLLISION ON THE EAST 111 VEIL | Yoatordsy, ahout thr>-e 1'. M., the steamer C. II. N'ortlrim. o( the New York and New Haven line, was on her way up the East River, when she came in coi- , lision, at a point oil the Fulton terry, Brooklyn, with the schooner B. F. Arnock. The latter vessel, which t is trem Forked River, New Jersey, was on the starboard lack, hound down the river, when the steamer struck her broadside, making a hole in ttic schooner and ! causing her to caps me. Three men who were on the j Arnock were picked up out of the water by rowboats, j and Iho vessel, which hail no cargo, was lowed in ami moored to liarbeck's docks. The steamer was uniu- j Jurod. THE SCllOOLSIIlP ST. MARYS. The nautical s< hoolship Ft. Marys, Commander Fhythian. Untied States Navy, commanding, arrived yesterday morning at (ileii Cove, at three o'clock, utter a tine passage from the Azores. Tho St. Marys, it will be remembered, has over 150 boys on hoard, who, under tho auspices of the Hoard ol Education, aro learning tho pruicsston oi the rod and qualifying theniselvi s for acceptable positions In tho merchant murine. During the winter months the vessel lay at the foot ol Twentj ft third street. East River, und the students- were instructed in the various branches of seamanship, besides i receiving a general education, i lie result ol llio ex- | poriment proved very saiislactory, f> r, at mi inspection j held under itin auspices of the C"liitiul?or of Commerce, the boys acquitted themselves with credit. It was tho intention ot the Board to send iho snip through the Sound lor a practice cruise, hut inasmuch an very lutlo opportutuly Is presented in the summer calms lor nuytbing like hard work it was deemed prudent lo order her to thu Azores. So the hoy8 have had un excellent trip ol u, hud plenty ot practico uud not a little ex- | periexice. The St. Marys fell New l.ondou on tho tiib ol July last, and reached Kay.il on the LMd of that month, reniutning there live days. It is gratifying to add that throughout the entire pussago neither accident nor sickness ol any kind marred the harmony that throughout prevailed. Ail enjoyed the best of health, and tho young tars had n royal time of it. The St. Marys, uh already mentioned, canto to anchor at i> lo it Cove yesterday morning before dawn, and will piohaltly proceed to her former anchorugo off the Battery. THE BROOKLYN BRIDGE. The work on the Brooklyn lirld^o progresses slowly but sure y. All day yesterday Engineers Colltngwood and Mamn wero at tho New York anchorage superintending the construction of tho tackling or sliding frames, which wero completed yeslerday. It is in these frames tho wire ropes aro placed so that ihoy cau lie tightened till the uocessary tension is secured. The ends of tho wire will he spliced 011 the NewYork anchorage to-day, and an endless r<>|>o thus : secured, till Thursday the machinery will ho placed in operation to test us efficiency, and ?n Tridny or Sat- i unlay two more travelling rope* will lio put up. No i oilier work ?>l any importance is Ilkoly to bo done Una week, us tlie materials are not ready. It is expected that it will lie lully six weeks belorc tlie temporary wooden bridge will lie thrown ncioss. At present tliero are but eighty men employed on the work, and even a good many of these are about to tie discharged. Acting Mayor I.ewis yesterday signed a warrant tn favor 01 the Brooklyn Bridge Company for $100,uOO. FERNANDO WOODS PARK. At various times resolutions linvo been Introduced by ox-Aldermnn Cooper nnd others to cut through West seventy-seventh stroot to the bluff on the North Klvcr. This would necessitate the destrucitou of Mr. Wood's homestead, around which centres so much taste and rctincmout, as well as his park. Mr. Wood owns all ibe property lro:n Seventy-sixth to Seventy, eighth street to tlio limp on Kivcr ltuilroan. and tliero Is no advantage to lie gained by the proposed spoliation, as there Is not even a pier en the North Hivcr thut could be benefited by such work. At the Inst meeting or the Aldermen Mr. Cudllpp renewed this proposition, nnd It was sent to the appropriate commillco lor a report. JERSEY RAILROAD TROUBLES. The New Jersey nr.d Now York Railway Company trouble continues. Tbe engineers and employes positively refuso to resume work until their wages nro paid. They Lave not boon paid for eight months, except in notes, nnd these notes have gono to protest. Tim couplings nnd other connections between the cars have been taken away bv the employes, so that tho trains cannot ran. Deputations id the worklnguien have been Iroqucntly sent to the d rectors to present their caso. but to no purp?<o. Tlie road has been in a j thriving condition during the past six months, but the men have not reaped the benefit of it. those living I along tbe uorihern section 01 the road bavo to roach I New York by eliber the Midland or Nor.born routs. j This company, U will bo remembered, was in a diili- j rally a year sgo with the Krl? Railway Company on account ot a doOclency which was duo tbe 1 11er by ttie loriner (or toll rales in running over a portion ot the Erie Railway. The claim id the Ki to Company has never been saiisfuciorl y settled. ESCAPED AND RECAPTURED. Detectives Williamson nnd Ferris, of the Central Office, yesterday arrested William Rumor, an escaped convict from Sing Sing, where bo ?is son', lor grand l.iroeny on September 9, 1S73. by Recorder il ickelL IJe will be sent back lo prlsou to serve lUu b.iluuto of , his tune, (ire years. REAL ESTATE. i | At the Excbango Salesroom yesterday Richard V. | Harnett, by order of tho Court tn foreclosure, sold tho ' following propertyA four story brown stone house, i i with lot tl'J.b by l-.j. J, on East Fifty-seventh street, ' 1 south SHie, liiC left wst of Lexington avenue, to i 1 Jacob Koch, plant iff, for $10,820; alao, by order ol ' the Court, a similar house, on East Fifty seventh ' street, south side, with lot ol similar dimension a. 67.0 j feet west I.cx.nglou avenue, to piainiiil, Jacob i Koch, tor $10,Via l Kithnrl V. IImtnott alro sold, by order of the Court ? in MM *MI . I I on ;y u.i.i h 011 ? i. I south Hie. 17) fret w?n ??: Fourth av?*nuo, 102.2 i by 2*>, to piaintifl. Jam?- Hewlett, tor Sir,(MO. 8ovo- i rsl "ibor sales wli ch Merc advertised to take pmcc 1 yestcrdiy were postponed. i vu t.v?? rr.s. i 12Stb *t.. ?. v. 22 3 n ?? nt l ?th nv . 1(>I jrJ.Vixirrefcu- I lar; 11. It. Ad'ins mid v\he in t?ntrje VV. f ucker .$18,000 , lOOth *i., n. ,t. c o Mb nv, 25xlUO.D; C. Barnard, Jr t<> C. Barnard, .sr...... 100 ' 8th St., ii. v. L'.Ki. 1 It w. of av. I?. 'J4 0x0*1.11 0-3 ' pari) ; J. M. Dennett unit Ini- nail to C. L. Fo?? 1 iv r 1.80) | Dflthe.,n . 13 Ut \r of mil r..3?>x3<i; Mnry h r 41)k and hiivhnmi to h. liold-*l)lill) f?.0(X) . 118'h st.. n s , 187. ! ft. v. oi . ih uT . 07.0x107.6; l.onis'i Fi?k and linstmn 1 to IioOert Uort.011 83,000 Moit ?t , v. s 2' i it. n. of Hester, ; A. .1. J o l.eiry to ?| B O'Leary Nom. 1 i 147th m ,'u. 1-3 It. v. of Fro<t net (2'd ward), r.i'xl" ; d. C ICi?trI ' 1 o\ufutni) to William , 8mii h ea> ; WavMnfftm nv., w. b., 73 ft. s. of Fletcher st., 23* I"" <-4lh ward); A. J. Steers and wife to ?S. C. stpers .... Nom. I 711,1 si., n 150 ft. w. ,| 1st av., kftxlo2.2; 8. J. ! \ Airp'.ienson to F. .McKarland 1,300 j Cannon *t , w. t , )<w> ft. n. of Klvlnittou St., 23x100; Joaepli itiF's to Thomua Stiliiimn Nom. Cannon st , tr loo ft. *. of Klvingt n st , 25x KM; iHorna* stilimau to L. lilies Nora. I l.KASX*. Rcnth ?t No. 2-3; Sarau'l McKeo to Win. F. Curry; 3 yean Dili M . s. s . w. of University place; Sailors' Snug LlarorioJ. Keleir.en; -1 years. S'>i MOKTUAOKX. Brew< gel, Fr. d and w|f? to A. Nenman, s. s. o! 38th si , lift worn Mill and loth avs ; 1 j.-ur 030 IJothu-H, Joiia and wife to 8. Conkhn, of 46th _ I su, between 11th and Uth av. ; 1 year... .. ^ 3,000 Kent. J a rat* and wile to W.J.I lark, No. 28 Union square. . 0.1M0 Kiloorn, Itlr&m \V. un I wife to Marcus li. (ialzentern, Nos 61 I and ? !?? i\ atrr *t.; 2 years 0,23O Lainh, 'ihonias and wife to u. Mei^s it. ?. of l+-d si., , ?vi *1 of win nv.; :j year- 3,030 Hmitil, Cherlotts lo i> W. Murium, it ii, of 3<th at., ^ west of 3 th av.; If*, ...... 13,o00 Frail, noi.ert lo C. \\ ride, s. s. of 12:;d at., wo?t of Ut av. ; I month 1,200 Tinker. K ?4. to Wm. M. Kin^lami, e. a. of 4th av., ?. of 37th ?t. ; 3 years 30.0X) Zelgler, John and wile to L. A. liustace, a. a. of M*-rso av., a. of Henry tW ; 9 years &00 THE MCE OF CATERERS. A Family of Gastronomicsl Benefactors. * DELMONICO'S NEW RESTAURANT. Festive Memories Clustering Round Former Eating Paces. It l.as often been said of Parts that tio who Invonta a new sauce in tint rauco-loving city Is esteemed as highly us bo who invents some novo! and wonderfal labor-saving machine. A ex-iudcr Duttias alwayi thought tliul bis achievements as nu aathor were not half so great or commendable as lho-o ns a Cook. And, truly, is cot king not a high art which, in its own way, contributes as much to tIf elevation, the refinement^ the pleasure of man as the other uoblo arts that tilth mine lite with their serene rays ? Is the man whs teaches mankind to cook not us great a benefactor ol Ins rare ns he who teaches them science, art or liberty? For what uro science, art or liberty worth to a people whose |>hy*l'iut* hove been ruined by indigestible 01 bad y cooked |oo,1? Too schools of cookery now Inaugurated in London, '.u Vienna and in otboi cities show that the importance of ruistug a pby? loaUy strong and sound rice Is at last beginning t? bo telt. In tltis country tlio value o( cookery as au art, us something more than a mere handmaid ot nocessitv, has bccu greatly undervalued. Whatever appreciation wo have ol a well pr-parod dinner is in no inconsidcrablo measure duo to the eliorts of ons lamily?the Delmonicos, If it ho true what so many gf our physicians assert, that the physical degoucracy of American women is largely owing to bad and 111* prepared food and em ncous diet, then, indeed, tbo oilorts if the Uclmcntcos have been worthy of all praise. For is not every good dinnor a lesson to tho uninitiated, teaching him how to savo his constitution Irom ruin by rhe obscrvuticu of wholesome rules of cookory and diet? tiik onioix or tmr ntt.stoxicos. To trace tbo origin ot this remurkublo family of ea* tercrs back into tho dim past is uo easy task. Ths Dclmouicos arc a mode l family. They kcop no geneslogical tree, although there is no reason why tho exact -*- _ ? ?r alissiilH nnl ha nl UU?CL*m Ol U ITIIIUC U? iroiuuiinvHia o.svoa.a* ?w? ?? least as Important as of the scion of some noblo lino ol mediaeval robbers, wboso only redeeming feature wai that ihey perpetrated their robberies from baronial castles Instead ol tho humblo ileus ol ordinary# highwaymen. Howovor, the Urst Delmonlco of whom history affords us a glimpso must have lived m (ho timo of Lucullus. That great epicure's chief cook must undoubtedly have had some of tho Deliuonico blood In mm. It was a great pity that his descendants did not talco chargo ot ths crowned heads of modern Europo. 1'oor Frederic! tho Gruat died Irom tho effects of -'rich" pastry. II he liad only had soino ot the zcpliyr creatlous ot Delmonico's pastry cooks he would probably havo lived to win cron more battles than lie did. JOIIX AND }>KTKIi DKLMONICd. Tho first sign of the Dulmonlros In this country wo havo tlfty-ono yoars ago, in 1827. lu that ycur John and l'eler Delmonlco, brothers, opened a confectionery at Nos. 22 and 24 William street. As Mr. L. Delmonlco (from whom ilio facts of this sketch are derived) says, thoy could not have been poor, tor, alter enlarging tho confectionery into a restaurant, they soon opened a lodging house ut No. 70 llronit street (which tlicy built) " and bought also a Una at Williamsburg lor the raising ot produce, lor which tliey pmil $lo,oou. Mr. Delinoi.ico think- that ins uncles were njt worth less than loo.ooof. when they cnuio to this country. Tho/ were iswlss uud hailed from Demo. A year or two before Captain Natl Calmer met John Delmonlco in tho 1sthiiius, where lie commanded the schooner Fidelity. John bad been a seafaring man, whlio 1'utcr had kept a coiilecuonery In Ucrne. iheir latuer was a farmer In Switzerland?ostensibly only, (or what good dinners uiii.-i have been enjoyed ut iliat tariuhousoI In 1*27 Delmonico's rostauraut in William street was the largest in New York Its greatest rival was Niblo's chop nuui-o, which was a utile above on William street, near l.ibcrly. 1'ticsQ two (daces were the "swell'' restaurants of Now York, dividing tho pilronago of all too wealthy moich.mis and the leaders of society. At ill u. time ino lurtbcst 'uptown" lotaurant was below tL-e Cay Hull I'nrk, in Mr. iMmonico's remembrance. Just lli'uik of It?here. ai lleimoiiico's, you luen paid only six cents lor coffee, now twonty-Uve; six cents lor Cognac, now twenty-ilvo; throe cent* lor a Havana cigar, now 111 teen, and six cents tor the beat cigar, now costing thirty. Tho general "drink" cost six cents also. I Ins piuco was carried on eight years?from 18?J1 to lSo.'i?\\lieu the lire destroyed the two bouses which the Uelinonlcos occupi d, ooin as a confectionery and restaurant lbeir combined rental was only $1,00(1 A murder had been committed in one of the bouses, which mado it hk uIflicailt to rent as the Nuthau mansion was u lew years ago. No wonder that coITuo could be hid for s.x eeuis. When the lire destroyed their tlrst restaurant la William sircct the liroad Street Lodging Houso was transiornud into a restaurant. This nourished until 184t>?lor tin years?when it wag also burie d down. Meanwhile me Deluioulcos?Mr. Lorenzo Delmonico. u nephew ot 'Jobu and l'utcr, having assumes the luanagement?bad bu.lt tbo Heaver sireot piaoe, wbieu co.-t in the neighborhood ol $100,000, and was opened in 18u7. With tins restaurant many festive reminiscences are associated Here bulls and dinners were given by the uiiru-lashtomiblo world as now In lbs Fourteenth street building. Tho Prince do Joinvllle wbho at Newport was given a dinner propared by l)elitioiiicu, tiud me sou ui Louis i'bilippo must have beea iiKinfii?hi?tl ill tfis* riinl.i criiu'tli nf Kr??nr.lt rftnlrnrv in ibis country. Already then the Deimontcos hud invented tlio uovel method ol transporting their dinner! lor hundreds ol miles. LIKLSJOXICO'a HOTEL. At No. 25 Broadway they openod Helmonlco'i Hotel in 1S4U. '11*-st covered tlireu lots, nnd in now ihr Me vans lloitse. l'no rental was $15,U00 a year. Kvon then, Mr. Delmonlco says, the old Astor Hoim was the lurlhest uptown ruling placo In tho city, Bui the rapid upward growth of tne city compelled then to nhnutioii .Ins hoiui also, which, duriug their management, had harbored all Ihn distinguished straugcri oi iliui day. Jenny Lind lodged ihcro. so did Ueueral WiullOid Hcott, and the la.tor, who wn8 a great guario.ii.it. moved up with the Hclmuincos to Fourteenth street when they opened tho luiter place, and occupied i wo rooms there lor sotne tune. In 1855 the Broadway and Chamber* street uuilding, a part ol tho old Irvine House, was re a lei For the first nficeu year* they paid here a rental of $2.'>,00U a year, \ and subsequently $50,000, until it was closed a short time ago. The Fourteenth street restaurant was opened In 1802, and threo years latel tho present 11 road street restaurant. But still the upward growth ot tho city compels uctv changes. Tne Fourteenth street place, with which so many u-sociations ui revelry are Intertwined, is to b* also sacrificed to the "uptown movcinout," and on the Dibit September a iiewres aon.nl is to take it* place. Tae Fourteenth street corner building was the resilience ol Moses 11. Urn.noil, lis rental tor tho ilrsl seven years was f".600 a year, but in 1V1W Mr. (Jrinncll s ,w the value of tho restaurant and raised it to $20,.>00 i year, wnicli it has remained until now. The other building oil Fourtcentu street was purchasod by Deliuouico, costing $lla,00ft TIIK >KW KESTAfHAXT will bo in what lias heeu known as tho Dodwortb Studio Building. U will iront ility-six lent ou Filth venue, 15J l*.ei on Twenty-sixm sireet uud sixty-one Icel ou Ilroadway. The restaurant will ho on the Filth tveutio sole, tlio co/r on iho Broadway side, the space bemg about eipialiy divided belweeu the two. The i-utrnnee on Twenty-sixth strrot will be for ibe balls and dinner parlies, lor which the two upper Hoars have heeu Ret apart. The ballroom on tho second lloor will be Dlty Icet square, i he luruiluro of the restaurant will bo ol mahogany, end ol tlio rajr of ash, in aid with mar(uotiy. tin tlio Fifth avenue side there U lobe* urctly lawn, 45 lecl by 12. In the middle ol the restaurant there will ho a le-lUt fUI touulaili, and llowcrs, I 1'imrn, and other ori amenta win i>o scatteieu in prouaiou lo make ti, muted, a 1H dwelling |>l?ce, not only lor Hie gournwuil, but nlsu lur the lover of the heauilluI. About 160 waiter* ami 14 cooks will be cinpioyod. IVIirn i no Uioailw.iy uml Chamber* street restaurant wai still o|m h the number ol ihe employed *?? 374, liu iii rourteenllt street, "J in Chambers street, 74 la Iteaver Kiriel an.l 74 <n llroad aireet. Another new restaurunt I* to be openod shortly at Nos. 112 and 114 liroiid.v*y, next i? tne Kqtiitsbio building. ibis is to In;, iliepmceof tlio COMnlier* street tonne. Krnns feJO.Oott, at wnlch Hie original loritinc with which John ji iI Frier I'eluionico came here is estimated, the espial luvcetcd in lieiinomco * various restaurants is now rati mated at j KW.tMW. tiood cookery is not only bone* Iklal, therefore, b'll also remunerative. a joYors mourner. Hero, then, nearly ns-d-ru ihst other haunt of Uid L'ourm mil. the i'h e Uran-wick, ami lacing the lovely Madison ?quare, shall we have another rallying plhco lor the upie.ure, ihe liello, ihe "good liver;" ibero m ill l?o another spot coiisciruteU to ihe art of cookery, whero the sound ot merriment and revelry willgnot ecu-i* from morn till flight. Here the great formal (MinipoUi ilintier part.es ol the associations ot the rich; the political dinners, which are only disguises lor speccli-inakin^; the fashionable halls ami bnui|ucla in honor ol some renowned heauiy or ioiiic lorclgn prmco; the prandial ovations to tne kiuiis ol literature, science and art; the happy and cosey lumiiy reunions; the tender gasironomicai tile-a-tetri ol a pair ol hungry lovers Just come irom a least ol grand opera; sod ihe ipi ei joliv sni pers oi convivial friends; ail these will urn! here a gay aim bright ecu;re-another happy "hunting ground." / J Not even U.o lielmomcos can remember all the dla- ' linguiahetl men who have been their guests and all [CONTINUED ON NINTH TAQE.1 *